Law in the Internet Society

Anxiety about Democracy in the Age of Internet Society

-- By EungyungEileenChoi - 07 Oct 2019

Evil or Good?

It was expected that democracy would flourish even more with the invention of the internet. It is in the heart of democracy that important decisions (including who should represent the nation) are made by the majority. The majority opinion may not be always the best opinion but it is believed that by providing as much information as possible to the public, guaranteeing the freedom of expression, and facilitating vigorous discussions and debates, the majority of people would reach a consensus that is fairly reasonable and beneficial to the society in general. Also, the process of consuming information, expressing opinions, and discussing issues itself can help to bring the society members together because even the minority people feel that their opinion has been heard and considered.

In this context, the internet could only do good to democracy. Information can be distributed through the internet to practically everywhere in less than a second. Various social media and on-line bulletin boards make it possible for anyone to express opinions in public and engage in discussions or debates.

The Candlelight Revolution

In March 2017, the Korean Supreme Court decided to impeach the then-president Ms. Park. Several events led to this impeachment. A scandal that involved Ms. Choi, a close friend of Ms. Park, misusing her relationship with the president to squeeze out money from Korean conglomerates and a marine accident during which the president kept herself locked-in in her bedroom and did not receive reports nor give any orders to rescue the drowning passengers who were mainly high-school students. Angry people poured into the streets and requested Ms. Park to resign. When Ms. Park refused to do so, the National Assembly called for impeachment and the Supreme Court approved. Because the people were holding candlelights while protesting, this impeachment is often referred to as the 'Candlelight Revolution'. There is no contestation that the internet played a significant role in the Candlelight Revolution. News and rumors relating to Ms. Park were widely disseminated through personal broadcasting media, people's anger was snowballed through interaction on social media, and instant messengers were used to organize protests. Thus, some people perceive the Candlelight Revolution as a true example of the internet promoting democracy in its most favorable way.

The King crab

In the aftermath of the impeachment, Mr. Moon was elected as the new president and his political party gained the majority in the Korean parliament. One year after, the current ruling party requested the police to investigate suspicious activity on the internet. They found that the number of 'likes' of articles opposing Mr. Moon and 'dislikes' of articles that favored Mr. Moon spiked in an irregular pattern. Few months later, a man, widely known by its social media ID 'Duru King', was convicted for impairing the operation of portal website servers by manipulating the numbers of 'likes' or 'dislikes' for certain articles or opinions using a hacking tool called 'King crab'. It was found that Duru King had initially operated the King crab for the benefit of Mr. Moon during his presidential election campaign for which he received some money from a very important figure in Mr. Moon's camp. After President Moon's victory, Duru King asked that a man well-acquainted with himself should be appointed as a high-rank diplomat but his request was rejected. That's when he turned his back and started to use the King crab against Mr. Moon.

The history of internet opinion manipulation in Korean politics dates way back. Several politicians from different political parties were convicted for hiring people to distribute disinformation through the internet to slander his opposing candidate in a primary race or election, in 2004, 2008, and 2012. A former head of the Korean intelligence agency is serving jail time for having ordered his subordinates to post mass comments or retweet comments in support of Ms. Park who was then running for president.

Baby, One more time

Now, some might question what real harm does it? Does the number of 'likes' or 'dislikes' really matter? Don't people have their own views and opinions? Even major news media spread incorrect or inaccurate news from time to time. More importantly, most times it is very difficult to draw a clear line between information, misinformation, and disinformation. If we were to ban any information that bears a risk of being incorrect, wouldn't that sacrifice the sacred freedom of speech?

Well, a classic psychological experiment by Solomon Asch suggests those things matter. In his well-known conformity experiment, Asch observed that about one third (32%) of the participants conformed to the clearly wrong majority view although most of them said that they did not really believe their answer but were afraid of being different (McLeod? , S. A. (2018, Dec 28). Solomon Asch - Conformity Experiment. https://www.simplypsychology.org/asch-conformity.html) Asch suggested that it was the social pressure and thus should be able toare know that and thus they should screen the information and Shouldn't people know better than just receiving it as a plain fact? their reasoning incorrect anywa iFollowing the above developments in Korea, I'm terrified about the consequences that the misuse of the internet can have on democracy. However, I also believe that democracy is still the best method to protect civil rights and to effectively and fairly run a country. There is an old saying in Korea that describes my feelings towards this issue, 'I hate you, but one more time'. It is used in situations where one loves another person so much that one cannot abandon the other person in spite of his/her faults and gives him/her another try. Therefore, rather than jumping to the conclusion that we should declare democracy dead because of the risks it faces in the internet society,

Who has actually been doing this? It doesn't seem necessary to write an essay countering this argument unless someone is really making it.

I want to start with making small suggestions that hopefully will help prevent misuse of the internet for political purposes:

First, knowingly or negligently distributing news that is fake with the intention to favor a political party should be taken very seriously and punished accordingly. Although such acts already constitute a crime in many countries, my personal view is that the punishments are often disproportionate to their negative and mostly irreparable impacts. To deter people from doing so, it is necessary to impose more severe punishment for these type of offenses.

It would be good, at this stage, at least to acknowledge the arguments that lie behind the US constitutional prohibition on punishing such activity at all. It's fine to disagree with that view of the relationship between free speech and democracy, but the arguments in favor of prohibiting criminalization of political speech aren't trivial and deserve to be reckoned with.

Second, manipulating public opinions should be determined as a separate type of crime and should be subject to severe punishment. In the above case, Duru King was only convicted for impairing the operation of the server of the portal website because there was no other criminal offense applicable to his acts.

On the other side is Justice Holmes' famous statement that "every idea is an incitement." Manipulating public opinion is the purpose of free speech, is it not?

Third, it should be prohibited to monitor people's online activities for purposes that have not been properly disclosed to and consented by the individual. Although websites provide notices such as cookie policies, most time the information is insufficient, too vague. Moreover, they don't provide the option to 'opt-out' because it is either you agree to the policy or you cannot use this website. Further, one cannot choose the purpose and use of one's information and must either take it or leave it all.

It's not clear what this paragraph has to do with the preceding parts of the draft. I think the best route to a stronger essay is precisely to explore further the relationship between this last call, for "data protection" law, and democracy. That might help to explain the complex relationship between problematic influence and core free speech, which is presently covered over by the punitive tone embodied in the idea of criminal regulation of political expression.


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r6 - 10 Jan 2020 - 22:44:07 - EungyungEileenChoi
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